Terms of Service

If you sign up for any of our web hosting packages and within 30 days you are not completely satisfied, we will refund 100% of the Hosting fees paid. (Excluding any Setup Charges)

2003820 Ontario Limited provides web hosting to a large number of clients, and we have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

Client Responsibility

Hosting disk space is intended for normal use only, and is limited to website files, e-mail and content of the hosted Website, NOT for storage of media or any other data.

It is the clients responsiblity to have any third party software programs, applications, modules and plugins to be kept updated at all times. We can provide this service upon request.

Your hosting account and its allocated space may NOT be used as offsite storage for electronic files or for third party electronic mail or FTP hosts.

You are responsible for removing any files which do not meet these requirements either from your website or that of any clients a Reseller may have registered in their account (s). We reserve the right to removal and deletion of such materials, and/or in discontinuation of your hosting account (s) or that of a Resellers client (s) account, this actions is our sole discretion.

Content:

All services provided by Legacy Designs may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian and United States Federal, Provincial/State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. Legacy Designs is not responsible for any claims resulting from the use of our service. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Violates any law, statute, ordinance or regulation governing the Customer’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

Pornography and sex-related merchandising are prohibited on any Legacy Designs servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Legacy Designs servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to pirated software, hacker programs/archives, and Warez sites. Legacy Designs will be the sole arbiter as to what constitutes a violation of these provisions.

Chat Rooms:

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We allow you to embed the html code for remotely hosted chatrooms within your website.

Background running programs:

Legacy Designs allows programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

Commercial Advertising – Email:

Spamming, or the sending of unsolicited email, from a Legacy Designs server or using an email address that is maintained by Legacy Designs is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Legacy Designs will be the sole arbiter as to what constitutes a violation of this provision.

Server abuse:

Any attempts to undermine or cause harm to any Legacy Designs server or customer of Legacy Designs is strictly prohibited.

Downtime:

We cannot be held liable for system downtime or crashes. Also, we cannot be held liable for any estimated “profits” a site “predicts” they would have gained if their site was functioning. Legacy Designs holds no responsibility for the use of our clients’ accounts.

Backups:

Clients can easily perform backups within cPanel and we ALWAYS recommend that Clients download the backup or manually via FTP, copy all content of a website to a local computer and we strongly suggest that all Clients make an additional copy (on tape, CD, DVD, multiple floppies, another computer, or elsewhere) to ensure the availability of the files.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Legacy Designs (2003820 Ontario Limited) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Legacy Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Legacy Designs against liabilities arising out of;

any injury to person or property caused by any products sold or otherwise distributed in connection with Legacy Designs server;

any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and copyright infringement.

Hosting resellers are responsible for the actions of their clients.

Cancellation of service by client must be made 30 days prior to the end of a term, by email or written letter faxed or mailed to our office. No refund will be issued if service is cancelled during a term.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion which includes non-payment or delinquent accounts.

Disclaimer:

Legacy Designs will not be responsible for any damages your business may suffer. Legacy Designs makes no warranties of any kind, expressed or implied for services we provide. Legacy Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Legacy Designs and its employees. Legacy Designs reserves the right to change or update policies without notice. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason Legacy Designs sees fit. By signing up for our web hosting services, you agree to the above statements.

Entire Understanding:

The agreement contained in the Contract constitutes the sole agreement between Legacy Designs and the client regarding its web hosting services. Legacy Designs will be the sole arbiter as to what constitutes a violation of the terms of this agreement. Violation of the terms in this agreement will result in the immediate deactivation of your hosting and/or email services with no refund. This agreement becomes effective only when payment is received from the client or client representative. It shall be governed and construed in accordance with all Provincial, Federal and International laws.

Receiving Communications:

In order to receive our newsletters, Customers, companies or individuals must opt-in to receive these and confirm their email address. Customers, companies or individuals that do not want to receive our newsletters can unsubscribe by clicking the link at the bottom of every newsletter. Our newsletters are managed by Aweber, so the unsubscribe takes effect immediately.